PACHECO v. INDYMAC FEDERAL BANK, F.S.B.

No. 4D11-999.

92 So.3d 276 (2012)

Juan I. PACHECO, Appellant, v. INDYMAC FEDERAL BANK, F.S.B., Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 2012.


Attorney(s) appearing for the Case

Jay L. Farrow of Farrow Law, P.A., Davie, for appellant.

Jeffery M. Gano of Florida Default Law Group, P.L., Tampa, for appellee.


PER CURIAM.

We affirm the trial court's denial of appellant's motion for relief from final judgment on the authority of Phadael v. Deutsche Bank Trust Co. Americas, 83 So.3d 893 (Fla. 4th DCA 2012), which holds that the failure to raise the affirmative defense of lack of standing of the plaintiff in a mortgage foreclosure case precludes relief from judgment pursuant to Florida Rule of Civil Procedure 1.540(b).

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